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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7572
Experience:  15years with H & R Block. Divisional leader, Instructor
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Someone stole my identity last year and filed taxes so the

Customer Question

Someone stole my identity last year and filed taxes so the Irs sent me a refund check this year for over 400.00 I only make social security disabilty a small amount can I still file the other 2 years that weren't filed for and get money back from the irs I don't have any heating home credit XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
You can file a return for the past 3 years and expect a refund. The time frame is based on the date the returns were due and three years forward from there.
So if it were a return for the tax year 2011. you would need to file the return before April 15, 2015 to expect the IRS to process the refund.

Robin D. :

This is based on the tax law in IRC 26 6511
Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.

Robin D. :

My goal is to give you excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic request me again.

Expert:  Robin D. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

Can a person making only 750.oo a month from social security disability and ssi expect to get a refund I don't pay taxes where does the refund money come from Can I file this myself / short from I'm just claiming myself is there any money to be had.What kinds of entries must I put down to get a refund

Expert:  Robin D. replied 1 year ago.
Hello,
Thanks for coming back to follow up.
If your only income is social security and disability then you would not be required to file a return because none of that would be taxable.
It is also not considered earned income, this means that none of the refundable credits would be allowed (Earned Income Credit is the most known of refundable credits).
If you had no withholding then there would not be any refund to expect by filing a return.
Customer: replied 1 year ago.

I told you my only income was social security disability in the first place but you must have not considered that in your first answer and led me to believe that I could get a refund

Expert:  Robin D. replied 1 year ago.
Hello,
It is unfortunate that you did not have income that would be considered as earned. The law I supplied in my first response was correct, someone can expect to receive a refund if the file within the time frame I advised about.
Your follow up was sufficient to allow me to advise more fully on your specific situation.
It was not my intent to lead you to believe that you would receive a refund if you had no withholding nor earned income (which would allow for a possible refundable credit and a refund).
Your very reasoning is why we allow for follow ups before the person is expected to rate.
Thank you again for using Just Answer.

Customer: replied 1 year ago.

When you answered the first time my very first communication told you that a lived on social security disability yet you still acted like your first response was correct because it should have been based upon the first uestion which included this information. How much have I been charged? Karen XXXXX

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Robin D.
Robin D.
Tax Professional
7572 Satisfied Customers
15years with H & R Block. Divisional leader, Instructor